NAMIT KUMAR Vs. U.T. CHANDIGARH

JUDGEMENT

(1.) TIMES have shown that putatively inevitable results of modernisation, industrial and socio-economic growth of a developing country, are hazardous to public life, health and environment. The resultant adverse effects are reflected in various fields and spheres even in common man's life. The anxiety of a person to arrive at his destination by possible fastest mean of transportation (more particularly vehicular traffic) and by spending shortest time in travelling causes problems. More so, in a country like ours where movement of economic forces including man power, raw material depends on surface transport, which in turn depends on combustible fuel as a source of energy, becomes a prime cause of noise and air pollution. Large section of daily commuters depends on road transportation system for their need. Out of the known problems, the most serious are relating to the environmental pollution and high rate of mortality and injuries to persons resulting from road accidents. In this "City Beautiful" such problem is neither unknown nor at a level which can be overlooked or ignored, considered from any possible standards. There is hard and pressing need to regulate the traffic within the prescribed four corners of law and also to prevent environmental pollution resulting from vehicular traffic. This is necessary so that the residents of Chandigarh and the States of Punjab and Haryana can breathe clean and fresh air, the pedestrians and the persons driving various kind of vehicles are able to avoid death traps on the road, resulting from rash and negligent driving and other such acts/omissions.

(2.) THERE is no doubt that solving of these pervasive problems having multi- dimensional difficulties depicts unsoluble social tangle. One may see it with some optimism and find a solution to this problem. It may appear to be a baroque or a very long term process. However, it is equally true that every long journey must begin somewhere and that too by taking firm and effective steps to achieve the ultimate end. During the course of hearing, we noticed that there is no dearth of codified laws which have a direct and material bearing on all the issues arising for consideration in these writ petitions. The implementation of statutory provisions and the State policy in this regard, leaves much to be desired. The malady appears to be the lack of determination to implement and will to achieve targets. This is certainly in addition to apathetic attitude and complete insensitivity to the traffic laws of the public at large. Violation of simple traffic regulations and courtesy, with temerarious attitude on the part of the persons driving vehicles and lack of tenacity on the part of the enforcing agencies to enforce related laws, is the root cause of disastrous accidents on the roads.

(3.) VIOLATION of traffic laws, unchecked speed, inadequate facilities in regard to roads etc. amongst others are the various reasons which are resulting in rapid increase in road accidents. The rash and negligent driving and breach of traffic laws not only takes away dear and near ones of some people but most of the time causes permanent disability to the persons injured in such accidents. Results of rash and negligent driving draw no exception to age, sex and creed but always prove fatal. The twin adverse consequences of such dis-functional and dis-ordered traffic are fatal road accidents and serious air and noise pollution which results in increase in death rate all over the area. Everyday reports in the newspaper showed steep increase in the rate of deaths/injured, caused by fatal or other accidents on the roads of Chandigarh. On 24.3.1995 it was reported that during January to March of the current year there had been 25 deaths while in the corresponding period of previous year there were 16 deaths. This alarming increase in the death ratio was being ignored by the authorities concerned and no effective measures were being taken to prevent reoccurrence of fatal accidents.